Grant of Easement Water Lines & Appurtenances 1999-0631003
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DOC , 1999-06310.03
"RECORDING REQUESTED BY
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SSP 15". 1999 H:.36
.... OFfICIAL ,RECORDS
SAN:DIEGO'COUNTV RECORDER'S,OFFICE
GREGORYJ. SlIITH,COUIfTY RECORDER
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CITY OF POWAY
1904
CITY CLERK
C ITYOF POWA Y
POBOX 789
POWAY, CA 92074
(This space for Recorder's Use)
NO DOCUMENT TRANSFER TAX NO FEE
No transfer tax due
Tax Parcel No 317-810-13
GRANT OF EASEMENT
(I~ATER LINES & APPURTENANCES)
U301-01 340 WE)
Steven H Swadell and Sh-eiia L Swadell, husband and wife as joint tenants ,an
undivided one half interest. and Carl Eric Swade.]l and Stephanie L Swadell
husband and \'ii fe as joi nt tenants the other undi vided one ha If( here,i nafter
"GRANTOR") hereby grants to CITY OF POWAY (hereinaHer "GRANTEE") its
successors, 'or assigns, the following described easernent for a right-ofcway
in, upon over under and across the lands described in Exhibit "A" .and as
depicted i n Exhibit "B " to erect. construct reconstruct, rep 1 acerepa,ir
maihtain and use a pipelihe or pipelines for ~ny and all purposes, together
with such fixtures and ?ppurtenances. including, but not limited to.
faG'i 1 it i es for power transmi s? i'on and communi cati on purposes, at such
locations and elevations, upon along over and under t,he right-ofcway
described in Exhibit "A" as GRANTEE may now or hereafter determin? in its sole
discretion without any addlti'onal compensation therefor, together with the
right of i~gtess and egress from the easement by a practical route or routes
in, upon ,over" or across the land descri bed below together with the ri ght to
use this easemehtfor access to GRANTEE's rights-of-way situated in adjacent
lands, without any additional compensation therefor
The land encompassing this easement is situated in the County of SAN DIEGO,
State of California, and is more particularly described as follows to wit
Lot 36 of Poway Tract No,. 87 -13 Unit 1. Count~ of San Diego., .state of
California. according to map thereof No 12556 filed in the. Office of the
County Recorder of San Diego County, February 8, 1990
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1905.
GRANTOR, its heirs successors and assigns sha.ll not erect or construct or
permit to be erected or constructed any buildJ,ng, structure or improvement or
plBnt any tree or trees or plant any other vegetation or flora within said
easement without the express wri tten approval of the City of Poway as
evi denced by the signature of the Di rector of Engi neering Servi ces on an
approved pl an GRANTOR, its hei rs, successors and ass i gns sha 11 not di g or
drlll any ho 1 e or .well s on any port i on of the easement
GRANTEE may use all gates and fences which, now or later, cross any portion of
the easement GRANTEE shall also be entitled to trim, cut, or clear away or
remove any trees, brush, or other vegetation or flora from time to time as
GRANTEE determines in its sole discretion without any additional compensiltion
GRANTOR agrees that no other easement or easements shal I be granted on,under,
or over this easement without obtaining the prior written consent of GRANTEE
GRANTEE may at any time increase its use of the easement change the location
of pipelines or other facilities within the boundaries of the easement right
of-way, or modify the size of existi ng pi pe 1 i nes or other i mprovementsas it
may determine in its sole discretion from time to: time without paying any
additional compensation to GRANTOR or GRANTOR's heirs, successors or assigns,
provided GRANTEE does not expand its use of'the easement beyond the easement
boundaries described above
It is also understood and agreed by the parties that the GRANTOR and the
GRANTOR's hei rs successors, or assigns shall not increase or decrease or
permit to be increased or decreased the existing ground elevations of the
above described easement which exists at the time this document is executed
without obtaining the prior written consent of the GRANTEE
In the event of any dispute involving this Agreement. whether or not
litigation is commenced or if any arbitration proceeding, administrative
proceeding or 1 it i gat ion in 1 aw or inequity i nc 1 udi ng an action for
declaratory relief, is brought to enforce or interpret the provisions or
performance' of this easement the prevailing party shall be entitled to an
award of all attorney's fees and the costs of the proceeding, which shall be
determined by the court or the presiding officer having authority to make this
determination
GRANTOR expressly warrants and represents that GRANTOR has the power to grant
this easement in accordance with its terms
IN WITNESS W~EREOF
of (it.,1t(
the GRANTOR has executed this Easement this
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Steven H Swade 1 i
Carl ric'Swade11
Iott4d41A(/1 tJadut'
S'tepli me L Swade 11
(Si gnaturesmusI be notari zed . Notary
form attaclied )
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. C~~II:'ORNI4 4LL,;PURPol ACKNOWLEDGMENT
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1907
State of
CA-U P"OW IA
County of
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before me,
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Dat~ Name and Title 01 Officer 18.g., Jane Doe, Notary Public")
personally appeared Co.\ e:ru:.,,~.eLI. CLi'"\.d s--kp~vu-o- l.. Su.n::td€lJ
Name(s)oISigner(s)
~erSOnallY known tome ~ 00 - 0 pm"sd to me on thebasjs.gf-sa~aeI0FY-eviEleAGe to be the persor6Y
whose nam~ubsc::rib~dto the within instrument
and acknowledged to me that ~xecuted the
same in~uthorized capaCily(les), and.that}2;(
~gnature@)on.the instrument theperson<8Y.
or the entity upon behalf of which the perso~ acted,
executed the instrument.
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1 San Diego County l
_ My Comm. ExpiresSep.:l5. 1m
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WITNESS my hand and official seal.
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SignalureofNolary Public
OPTIONAL
Though the information below is-not requireifby law, .it, may prove valuabJeto persons ;elying on-the document and could prevent
fraudulent removal and. reattachment af this form 'to another document.
Description of Attached Document
Title or Type of Document: ('7mV\.+ C)f-~e.v\.f
Document Date:)\II.I1, ~ lOt \Cjq q
Number of Pages: b
Signer(s) Other Than Named Above: ~hp.k"\ [-\., Sumd.eL1 +- <=:,he',lLL L. ~e.ll
Capacity(ies) Claimed by Signer(s)
Sign'er's Name('Q r'l e n.c.- Suilt-deLI Signer's Name: s.-Je"p~ L... Su.ro-cI.eL I
J8:. Individual
D Corporate Officer
Title(s):
D Partner - D.Limited 'DGeneral
D Attorney.,in,Fact
o Trustee.
D Guardian or Conservator
o Oiher" Top of thumb here
D(lndividual
b Corporate Officer
Title(s):
D Partner:-- DLimited D General
o Attorney-in-Fact
o Trustee
o GWHdian or Conservator .
D Other" Top of thumb here
Signer Is Repres~nting:
Signer Is Representing:
@ 1994 National Notary Association'. 8236 Remmel Ave., P.O. Box 7184 . Ca~oga P~rk, CA 91309-7184
Prod. No. 5907
Reorder:'Cal( Toll Flee 1 8008766827
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AM SJ'OF SlGNERISII
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proved to me on the'
basis of satisfactory
evidence to be the
person(s) whosename(s)
Is/are subscribed. to the
within instrument :and
acknowledged tometnat
he/she/they eXE!cutedthe
same in his/her/their
authorized capacity(iag'),
and that by his/her/their
signature(sl on the
instrument theperson(s),
or the entity upon 'behalf
of which the. pefson(s) .
acted, executed the'
instrument,
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. E,C, RUSSE~L
&I. . ;'"' NO~~V~;~if-8~b. ~b~NIA .
;!1. '. MY COMMISGIONe2XO~A111 !
FEBRUARY'9,' 0
to.. 0.'0..0.-.0... t. o. e.. 0...
Witness my hand and offici!ll seal.
ISEALI
I G ATURE OF NOT
ATTENTION NO:rARY
The information requested below and in the .column .to the right is OPTIONAL.
,Recording 'cj/':this 'document Is'not reQui'red by law and is also optional.
It could,. however, prevent fraudulent attac:hineni of this certificate io any
unau~horized document.
~I~ C:ERTIFICA TE ntJe or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of, Pilgel Date of Document
OESCRIBED AT RIGHT:
Signerll) Other Than Named Above
WOLCOTTS FORM 83240 R.v. 3.94,!p,.ie. clu.a!2AI ~1994 WOlCOTTS FORMS,INC;__
AU.PURPO$E'AC~O\'Yl:EDQ.~E~T "Y'TH S~~NER'CAPACITYIFIE~ESENT~nON/TWO FINGER!:'.AINTS
RIGHT 'THUMBPRINT IOptional)
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CAPACITY CLAIMED, BY SIGNERIS)
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DPARTNER'SI GlIMITEO
DGENERAL
OATT9RNEY IN FACT
DmUSTEEISI
CJGUARDIAN/CONSERV A TOR
DOlliER:
SIGNER IS, RE'PRESENnNO:
(Name of Persontsl or Entitylies'
RIGHT TIiUM8PRINT'(Opt~n.1I
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CAPACITY CLAIMED BY SIGNER IS)
DINDIVIDUALISI
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DGENERAL
QA TTORNEY IN FACT
DrnUSTEiHSI
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SIGNER: IS i REPRESENTING:
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.'1909
PUBLIC WATER; EASEMENT FOR LOT 36, POWAY BUSINESS PARK
tBbAL ()E~le:nON ~-,--- .. - - ,-
A 20.00 FOOT PUBLIC EASEMENT FOR WATER FACILITIES AND
'ApPURTE/;{AN('ES, TOG/i;,THER WITH THE RIGHT OF INGRESS AND EGRESS ACROSS
A PORTION ,OF LOT. 3q OFCI.'l'Y OF POWAY TRACT 87-13, UNIT ~ IN .THE
CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO . MAP THEREOF NO. 1255.~i FILED iN THE OFFICE OF THE COUNTY
RECOR.DER OF SAN DIEGO COUNTY, FEBRUARY 8., 1990 AS FILE NO. 90-
07226;7 OF OFFICIAL RECORDS. THE SIDES Of~AIp EASEMENT ARE 1.0.00
FEET ,ON EACH SIDE OF THE CENTERLINE OF SA.In EASEMENT, MEASURED AT
RIGHT ANGLES, AND, ARE EXTENDED AND SHORTENED TO INTE'RSECT WITH ALL
BOUNDARY LINES AND WI.TH EACH OTHER, THE CENTERLINE .MORE
PARTICULARLY DESCRfBED AS'- 'FOLLOWS: .
BEGINNING AT THE SOUTHWES.T CORNER OF SAID LOT 36, THENCE
EAST 10.00 FOOT, ~ORE;ORLESS, ALONG THE SOUT"HERLY BOUNDARY LINE OF
SAID LOT 36 TO THE EASTERLY LINE OF AN EXISTING 10 FOOT UTILITY
EASEMENT AS SHOWN ON SA1;b MAP NO. 12556; SAID EASEMENT LINE BEING
A CURVE CONCAVE WESTER.LY AND HAVING A RADIUS OF 1534.50 FEET;
THENCE NORTHERLY ALONG THE EASTERLY LiNE 'OF SAID 10 FOOT UTILITY
EASEMENT TJiROUGH A CENTRAL ANGLE OF 0005,9"13" "AN ARC DISTANCE OF
26.43 FEET, TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING THE
EASTERLY LINE OF' SAID 10 FOOT UTILI'fYEA.SEMENT, N 86054'08" E
50.97 FEET; THENCE: N 03005'52" W 170.2.0 FEET TO A POINT ON THE
SOUTHERLY LINE ON SAID 10 FOOT PUB~IC UTILITY EASEMENT LYING
ADJACENT TO AND SOUTHERLY OF THE NORTHERLY' LINE OF SAID LOT 36,
SAID POINT ALSO BE'ING THE POINT OFTER.M'iN'USOF THE CENTERLINE OF
THE HEREIN DESCRIBED EASEMENT. .
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CERTIFICA.TEOF ACCEPTANCE.
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This is to certify thatthe interest in:reaLprqperty conveyed bythe.:deed or grant dated
May 6.; 1999, from Steven H, Swadell, Sheila L, Swadell, Carl Eric Swadell and
StephariieL, Swadell, tothe CityotPoway, a political corporation and/or governmental
agency, is hereby accepted by'the' undersigned officer oragent'on behalfof the City
Council pursuant to authority coriferred by Resolution No, 34, adopted on January 20,
1Q81, and the grantee consents to recordation thereof by its duly authorized officer
Dated: q- 14-119
By' q0'l;C~^^A,.j Q~O.{)
Lori Anne.Peoples, City Clerk